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Divorce
If a couple file for a Dissolution of Marriage, how does her husband’s bankruptcy
affect her? Can wife get a portion of her husband’s retirement. The wife is not
working and they have one minor child.
Asked on February 22, 2018 under Family Law, Ohio
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Filing for bankrultcy before divorce can help to discharge some of the debt owed that could be considered marital. I think you are concerned that the pension was somehow effected by the bankruptcy. Pensions are protected from bankruptcy and you should receive the marital portion of his pension (which is the portion that has accrued during the time you are married). It needs to be evaluated by a pension evaluator. You may also get alimony and surely child support. Good luck.
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